America and West Indies
June 1727

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1936

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296-312

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'America and West Indies: June 1727', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 296-312. URL: http://www.british-history.ac.uk/report.aspx?compid=72350 Date accessed: 01 October 2014.


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Contents

June 1727

June 1.
Whitehall.
576. Mr. Popple to Lt. Governor Armstrong. Acknow ledges letters of 27th July and 24th Dec. 1726. Continues: — My Lords Commissioners having at present under their consideration the immediate settlement of the Province of Nova Scotia, you may expect shortly to hear from them upon this subject. [C.O. 218, 2. p. 56.]
June 1.
Whitehall.
577. Same to Governor Hart. Acknowledges receipt of letters and papers of 30th Nov. Continues: —My Lords Commissioners do not think your reasons (for having given your consent to the powder Act of Antegoa) sufficient to Justine your acting contrary to your Instructions, as you thereby did; the great partiality shew'd to the people of Antegoa, in exempting them from those duties, which they have thought fit to impose upon British subjects, and this Act being made perpetual, whereas it ever before was temporary, are reasons which would induce my Lords to propose to H.M. the repeal of this Act, But as their Lordps. conceive the intent of this Act to be for the defence of that island, for which reason the inhabitants thereof ought to contribute to this duty, I am to signifie to you their Lordps'. directions, that you move the Assembly to pass another Act for this purpose, and not lyable to these objections, otherways their Lordps. will propose the immediate repeal thereof. [C.O. 153, 14. pp. 234, 235.]
[June 1].578. Ar. Gambell to the Council of Trade and Plantations. Some reasons and proposuals for settleing the main coast of Nova Scotia, with all imaginable speed etc. Urges importance of the Fishery, and the immediate building of forts at the three most commodious harbours,—Port Rossway, Cape Sambra and Owles Head, to be settled by disbanded soldiers, which will serve to protect the Fishery etc., and this valuable neglected country, to which not one subject has ever thought fitt to transport themselves, nor has any publick incouragemt. been given since in the power of great Brittain etc. Offers services. Endorsed, Recd, (from Col. Bladen), Read 1st June, 1727. 3 ¾ pp. [C.O. 217, 4. ff. 344–345v;.]
June 1.
St. James's.
579. H.M. Warrant appointing Cornelius van Horn to the Council of New Jersey, in the room of David Lyell deed. Countersigned, Holies Newcastle. Copy. [C.O. 324, 35. p. 335.]
June 1.
St. James's.
580. H.M. Warrant appointing William Dandridge to the Council of Virginia, in the room of Philip Ludwell, decd. Countersigned, Holies Newcastle. Copy. [C.O. 324, 35. p.336.]
June 2.
Westminster.
581. HM. letters patent appointing Bryan Wheelock Clerk of the Markets in Jamaica. Countersigned, Cocks. Copy. [C.O. 324, 49. ff. 48–50.]
June 2.
St. James's.
582. H.M. Instructions to Charles Lord Baltemore relating to the Acts of Trade and Navigation. Signed, G. R. [C.O. 5, 193. pp. 89–115.]
June 2.
Whitehall.
583. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint the Right Honble. the Earl of Londonderry to be Governor of the Leeward Islands in America in the room of John Hart Esq., draughts of his Commission and Instructions are to be prepared etc. Signed, Holies Newcastle. Endorsed, Recd. 3rd, Read 6th June, 1727. ¾ p. [C.O. 152, 15. ff. 351, 352v;.]
June 2.
St. James's.
584. H.M. Warrant appointing John Custis to the Council of Virginia, in the room of Col. Edmund Jennings, who by reason of his great age and infirmities is wholly incapable of any business. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. pp. 336, 337.]
June 6.
Whitehall.
585. Council of Trade and Plantations to the Committee of Privy Council. Enclose draught of an Instruction to Governors as ordered 3rd May, etc. [C.O. 324, 11. pp. 40, 41.]
June 7.
Whitehall.
586. Council of Trade and Plantations to the Committee of the Privy Council. Representation in obedience to Order of 15th Feb. concerning the settlement and government of Nova Scotia :—We shall not repeat what has been so fully set forth in several of our former reports, relating to the present state, the situation and consequence of Nova Scotia, but as the methods which we shall propose to your Lordsps. for peopling of this country may appear something differt. from those generally practised in the rest of H.M. Colonies, we shall be under a necessity of mentioning some particular facts and observations which have led us into the way of thinking we are now in upon this subject, and which we hope may be inducements to your Lordsps. to be of the same opinion with us. This country is capable of yielding all the necessaries and conveniencies of life, the soil is proper for the production of hemp and other Naval Stores the land abounds with timber of several kinds ; and the sea coast, especially at Canso, with as good fish and in greater quantities, than are to be found in any other part of the American seas. Yet notwithstanding these natural advantages Nova Scotia instead of being useful, has hitherto been a burthen to Great Britain for want of inhabitants, and the Regiment which has been so many years maintained there at the expence of ye publick has only been able to. keep up H.M. claim to the soil, whilst the French have reaped solid advantages from the produce of this Country: For the French inhabitants who refuse to take the oaths of allegiance to H.M., and still remain in Nova Scotia, contrary to the Treaty of Utrecht have been the great support of all the French Colonies in their neighbourhood, by supplying them with furs, fish, cattle, corn, provisions, and timber of all kinds, and without this assistance in all probability neither Cape Breton nor Isle Madam could in so short a time have established themselves upon so good a footing. Nova Scotia has now been many years in possession of the British Crown, yet there are hitherto few or no British inhabitants there, except the Garrisons of Annapolis and Canco, and some few English families who have settled at the latter of these places for the benefit of the Fishery, which has of late years been carried on there with very great success. The little progress therefore which we have hitherto been able to make in peopling so fertile a country, whilst the French have so considerably increased their settlement at Cape Breton, in a very barren soil, is a proof that the Government of France have given greater incouragements to their subjects to settle in their Colonies, than has been given for the like purpose by the Government of Great Britain to theirs, and we have been credibly informed, that the French King is at a great expence in encouraging and nursing up his infant Colonies till they are able to support themselves, such as defraying the expence of transportation furnishing ye Adventurers with one years provisions and building strong fortifications for their defence. Since H.M. accession to the Crown some persons have petition'd for large tracts of land in Nova Scotia, and they have been referred to this board who always thought it their duty upon those occasions to propose such conditions and restrictions as well with respect to quitrents, as to the manner of seating and settling the lands petition'd for they then conceived the most convenient for H.M. service, and most effectual for the peopling of this Province but whether the Petitioners thought the conditions too hard, or whether they have been discouraged by the delays and difficulties they have met with in passing thro' ye other Offices, or from some other accident, so it has happen'd, that none of these projects have hitherto taken effect,. but since lands are to be had upon such easy terms in so many other of H.M. Colonies allready well inhabited and in a reasonable state of security, greater encouragements will be necessary to induce people to settle in Nova Scotia, the most Northern part of the British Dominions upon the Continent of America, a country without defence exposed to the fury of the savage Indians and to the encroachments of ye French. For this reason and from the experience of so many years, we beg leave to say, the publick must be at some expence to make any schemes for this purpose effectual, and that the terms must be more advantageous to the adventurers, than those that are to be met with in Colonies already settled. However as we are sensible how difficult it might be to engage the publick in any new expence we shall propose a fund for this purpose arising from the Plantations, and naturally applicable to their service, that is to say, the produce of the French lands at St. Christophers, or at least so much of it, as may from time to time be thought necessary for this purpose, wherein the Parliament have already made a precedent by addressing H.M. to make some provision out of this fund, for the new Colledge proposed to be erected in the Bermuda Islands. Thus having explained in genl. our thoughts upon the methods we intend to propose for the peopling of Nova Scotia, we shall now proceed to offer to your Ldsps. consideration such particulars as have occurrred to us upon this subject, without entring too minutely into the detail of them as to their execution, which may be the subject of a further report; if our sentiments meet with your Ldsps. approbation. The preserving of H.M. woods in this Province in our humble opinion should be provided for previous to the granting of lands, and therefore as we had found by long experience upon how bad a foot this matter stands in the Massachusets Bay ; New Hampshire and other Provinces on the Continent of America, where the woods reserved to H.M. are frequently intermix'd with private property and are for that reason the constant subject of debate between the King and his subjects, we thought it for H.M. service in forming the Instructions for Col. Philips to provide etc. Quote his Instructions as to reserving 200,000 acres for masts for the Navy etc. Continue:— And we beg leave again to propose that the Surveyor General or such person as H.M. shall think proper to appoint for this purpose, may forthwith be directed to lay out these woods, that the Govr. may afterwards be at liberty to grant lands under proper restrictions. The delay of this matter has already been highly prejudicial to H.M. intrest, for the French inhabits, in this Province having erected saw mills, are daily destroying the timber, and the want of a power in the Governor to grant lands would have made it impracticable for planters to settle there even upon any terms had there been no other impediments to the setling of this Province. To encourage Adventurers from Great Britain to engage in the making of large settlements in this country we are humbly of opinion that such petitrs. whose cases have already passed the consideration of this Board, and whose petitns. lye now before H.M. in Council, for the last decission should meet with all reasonable dispatch more particularly that of the Officers, who were actually engaged in the reduction of Nova Scotia and whose services seem justly to entitule them to H.M. favour, and so much the rather because by the conditions of their grant, if they obtain one, they will be obliged within a few years to make a considerable settlement on the lands they petitioned for. We have already hinted that few people will care to settle in a savage country where there is not a reasonable security against the natives, and this kind of encouragemt. is wanting in the highest degree in Nova Scotia; There was formerly one Fort at Annapolis Royal, but we are inform'd the bastions and curtains, the barracks and the storehouses, are at present in a most ruinous condition in so much that the Garrison have been obliged to secure themselves from surprize, by setting up pallisadoes about the said Fort for want of a better defence ; We presume therefore your Ldsps. will be of opinion, that this Fort, the barracks and storehouses belonging to it should be immediately repaired. The fishing at Canço likewise will deserve your Ldsps. protection 'tis at present the best in America, and a fort there, will be highly necessary for many reasons, but more especially on account of its neighbourhood to Cape Breton. And as nothing can so effectually restrain the disobedience of the French inhabitants remaining in Nova Scotia, who refuse to take the oaths of allegiance to H.M., as the building of two stockadoed barracks, in or near their quarters at Minos and Shebuctoo, we beg leave to recommend this also to your Lordsps. consideration, because we are informed the charge of those baracks will not be considerable. We shall not at present propose any further expence to your Lordships, upon the head of fortifications tho others may hereafter be needful on different parts of the coast. But we conceive it highly necessary for H.M. service that there should always be a sufficient magazine of arms and working tools lodged in some secure place in this Province for the service of the country. If your Lordps. should agree with us in these particulars, they will certainly be some encouragement for people to resort to Nova Scotia but further inducements will still be wanting, and therefore we would humbly propose. That the publick should be at the expence of transporting such poor people to Nova Scotia as are disposed to settle there together with their wives and families. That 50 acres of land should be granted to each person so transported by the Governor upon his or her arrival in Nova Scotia, free from fines and likewise from quit rents for the first ten years. That double that quantity of land be granted to Carpenters, Smiths, Masons, Joyners, Brickmakers, Bricklayers and all other artificers necessary for building or husbandry upon the same terms. That the like quantity of land be granted to such soldiers of Col. Philips's Regiment and their families as are disposed to turn planters and their pay notwithstanding to be continued to them for one year after such grant at which time they may be discharged from the service. That all the recruits to be raised for the future for this Regiment be acquainted that after three years service they may be discharged and have lands granted to them in like manner. And the better to people this country, that every soldier have leave to carry his wife with him, the transport both of the soldier and his wife to be defray'd by H.M., it being impossible for the Regiment otherwise to bear these frequent discharges. That proper encouragement be given to such as shall intermarry with Indians, agreeable to the tenour of H.M. Instructions to Col. Philips. That whereas the Governor is at present restrained from granting any more than 500 acres to any one person he may now be empower'd to grant lands not exceeding 1,000 acres free from fines and likewise free from quit-rents for tenn years under proper restrictions, to such substantial inhabitants, and their families as shall be disposed to settle in Nova Scotia at their own expence. And that every part of this country may be informed what is transacting in other quarters of the Colony, that ye small sloop formerly built at ye King's expence, and now remaining in Nova Scotia, may be refitted and employ'd to attend the service of this Government. It now remains that we shou'd offer our thoughts to your Lordships concerning the form of a Civil Governt. to be erected in this Province, which in our humble opinion is already in some measure provided for by Col. Philips' Commission and Instructions so far as the present circumstances of this country require, or can admit of till there shall be more inhabitants there, but in the mean time if your Losps. shall think it convenient the Govr. and Council may be impower'd to make such laws or regulations as the emergencys of the Colony may demand till there shall be sufficient numbers to constitute an Assembly: That the Governor may .likewise be authorized to make Justices of the Peace and directed to declare in H.M. name by Proclamation or otherwise, that such persons as shall settle in Nova Scotia shall be entituled to all the like privileges, liberties and advantages which are at present enjoy'd by the rest of H.M. subjects in His other American Colonies, and particularly to that of an Assembly so soon as their circumstances will admit of it. We shall beg leave to conclude this Representation with informing your Lordsps. that what we have proposed upon this occasion is not without a president in many particulars, as to the expence even in one of H.M. own Colonies namely, that of Jamaica, where the inhabitants are so far convinced how much it is their intrest to have their Island well peopled that by certain Acts lately passed their Assembly to encourage people to settle the N.E. quarter of that Government have proposed, to purchase the lands in that quarter from the present Proprietors at 5s. p. acre, to be at the charge of transporting the Adventurers, to furnish them with six months provisions for their families after their arrival, to grant them lands to settle on in proportion to the number of their families free from taxes for three years without any fees to be paid either for the grant or survey with many other privileges and advantages. [C.O. 218, 2. pp. 57–71.]
June 7.
Whitehall.
587. Council of Trade and Plantations to the Lords Justices. Enclose following. Autograph signature. 1 p. Enclosed,
587. i. Draught of Commission for the Earl of Londonderry to be Governor of the Leeward Islands. In the usual form. [C.O. 153, 14. pp. 234–261; and (without enclosure) 152, 40. No. 20.]
June 8.
Whitehall.
588. Council of Trade and Plantations to the Lords Justices. Enclose Instructions for Governor Hunter. Continue: —The 1st and 2nd Instruction which were given to the Duke of Portland, we have put together, as they are upon one subject etc. The 32nd Article of Major General Hunter's Intrns., impowering him to receive an additional salary, we have made conformable to the Duke of Portland's etc. No. 21, in place of No. 44, embodies H.M. directions, 13th May, in relation to the Revenue to be settled at Jamaica, and care is taken by the said Instruction for the subsistance of the two Independant Companies etc. We have inserted an Instn., No. 22, directing Genl. Hunter not to give his assent to any Act for laying duties on negroes landed in Jamaica only for refreshment, etc. The 52nd Article in relation to persons sent over hither as prisoners, was part of the Duke of Portland's 93rd Instn., but having at present omitted that part, which related to the tryal of accessaries in cases of piracy committed beyond sea, it being now particularly provided for by the Act of 8th K. George I, we thought it more adviseable to make the aforesaid 52nd Article an Instruction by itself etc. We have added the latter part of the 55th Instruction in relation to the suspending the execution of any sentence, upon an appeal to H.M.; in pursuance to H.M. Order in Council, 5th July, 1726. We have altered the 67th Instruction in relation to the Bishop of London's Ecclesiastical Jurisdiction, and made it conformable to H.M. directions. We have inserted a new Instn., No. 70, pursuant to H.M. Order in Council, 3rd May, 1727, for restraining and punishing the several vices therein mentioned. In the 92nd and 93rd Instrns. we have omitted what particularly related to the French, and made them general, more especially since those Instrns. were prepared at a time when there was not that good agreement between the two Nations, that there is at present. We have inserted an Article, No. 61, for the more ready supplying the vacancies that may happen amongst the Officers of the Customs during the absence of the Surveyors Genl., H.M. having already been pleased to approve the same, in the draft of those Instructions which we prepared for Mr. Calvert, Deputy Governor of Maryland. Note in margin. This Representation and Instructions were sent to the Council Office, but not being laid before the Lords Justices, when the news was brought of the decease of K. George 1st, orders were thereupon given by his present Majesty for a new Commission and Instructions for Genl. Hunter. [C.O. 138, 17. pp. 146–152.]
June 8.
Whitehall.
589. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, eight Acts of the Massachusetts Bay. [C.O. 5, 916. p. 6.]
KING GEORGE II.
June 11, 1727.
June 14.590. Mr. Dummer to Mr. Popple. Your letter last week found me in my bedchamber, where I have bin confin'd this month etc. My distemper continues obstinate etc. I have therefore writ to my friends in New England to think of some other person to look after their buis'ness etc. Asks for their Lordships commands in writing etc. Signed, Jer. Dummer. Endorsed, Recd., Read 14th June, 1727. 1 p. [C.O. 5, 869. ff. 442, 443v]
June 14.
Whitehall.
591. Mr. Popple to Mr. Dummer. Reply to preceding. Lt. Governor Dummer has informed the Board that the Assembly have addressed H.M. for his Royal determination on the differences between that Province and New Hampshire, with respect to the boundaries, and that you are instructed to pursue this matter to an issue etc. Enquires what steps he has taken, "their Lordships being very desirous of having the divisional line determined" etc. [C.O. 5, 916. p. 7.]
June 14.
Whitehall.
592. Council of Trade and Plantations to the Duke of Newcastle. In order to be fully informed of the several facts mention'd in the petitions of Tho. Rowland and John Greathead, referred to us 11th March, and 19th Aug. 1725, we found it necessary to send copies to the Governor of the Leeward Islands, who has return'd to us for answer, that they are concluded by the Commission H.M. has been pleased to grant to Lt. Genl. Matthew, Gilbert Fleming and Edward Man Esq. for disposing of the late French lands in St. Kitts, for which reason we do not trouble H.M. with any representation thereon etc. Autograph signatures. 1 ¾ pp. [C.O. 239 1. No. 37; and 153, 14. pp. 261–263.]
June 15.
Leicester
House.
593. Order of King in Council. Approving following, and ordering the Council of Trade and Plantations to fill in the same for the several Colonies and Plantations in America. Signed, Edward Southwell. Endorsed, Recd., Read 16th June, 1727. 1 p. Enclosed,
594. Draught of Proclamation for proclaiming King George II in the Plantations etc. 1 ½ pp. [C.O. 323, 8. Nos. 72, 72 i.]
June 16.
Leicester
House.
595. Order of King in Council. Ratifying Act of Virginia for laying a duty on liquors, upon the report of the Lords of the Committee agreeing with the representation of the Council of Trade, v. A. P. C. III. pp. 153–156. Signed, Temple Stanyan. Endorsed, Recd. 11th, Read 13th Sept., 1727. 6 pp. [C.O. 5, 1320. ff. 145–147v., 148v.]
June 16.
Leicester
House.
596. Order of King in Council. Ratifying Act of Virginia to confirm the title of Richard Randolph etc., as proposed by Board of Trade. Signed and endorsed as preceding. 2 ½ pp. [C.O. 5, 1320. ff. 149–150v.]
June 16.
Leicester
House.
597. Order of King in Council. Confirming Act of Antigua for dividing the parish of St. Peter, and erecting the new parish of St. George, etc. Signed and endorsed as preceding. 2 pp. [C.O. 152, 16. ff. 1, lv., 2v.]
June 17.
Whitehall.
598. Council of Trade and Plantations to 'the King. Enclose draught of Proclamation for proclaiming H.M. etc. (v. 15th June). Suggest that it may be more certain and more expeditious, that two small vessels be despatched on purpose, the one to New England and the other to Barbados etc. Annexed,
598. i. H.M. Proclamation referred to in preceding, with orders to Governors or Commanders in Chief of H.M. Plantations, including Hudsons Bay, to proclaim the same. Printed, Pennsylvania Archives, 1st Ser. I. 199. [C.O. 324, 11. pp. 41, 45.]
June 17.
Apthorp.
599. Lord Westmorland to the Duke of Newcastle. I am honoured with your Grace's commands of the 13th inst. : and was prepareing this answer to it when I have been surprized with the malincoly news of the death of the King, but as his present Majesty will no doubt order the designe to be proceeded upon therefore shall trouble you with a full detail that your Grace may take the best measures to forward it speedily, that so you may have an oppertunity of provideing for your frinds, and I must on this occation beg your Grace to present my most humble duty to his Majesty and to acquaint him that the reason I donH do it in person, is that since Wendsday last I have been lay'd up with a severe fitt of the gout in bothfeett unable to stir but when I can shall hasten to town to do it myself. Your Grace's favour herein will greatly obleidge me (fn. 1) . I shan't presume to advise you, but to obey your commands so far as I am capable shall give the narrative of the affair of Carolina upon which you'll best judge what is fittest to be done. It having been the oppinion of the board of trade as by their genll. report, and confirmed by the like oppinion of all the King's Ministers and his Counsell, that in order to make the Westindies more effectually beneficiall to these Kingdoms they should be brought to one uniform manner of Goverment to be made assistant to each other and which was not to be done whilst they were under so many different rights of Proprietary, and forms of Governts. amongst them, therefore it was necessary by all means reasonable to encourage or procure them to be surrendred to the Crown, to be put upon the like footting as all the other Goverments, and to reserve only the property of the soile to the Proprietors thereof. With this veiue I embraced all occations to sett forth the reasonableness of the Proprietors surrendering their regall authoritys to the Crown as a matter more advantagious to them in their private concerns, more to ye publick good in genll, and suitabler to the humours of the people as subjects. Coll. Horsey being known to severall of the Proprietors of Carolina I discoursed him about it, who took a great deale of pains to meett and argue them into the reasonableness of their surrendering. Which when they were brought to think off, at their desire I drew up severall heads as for them to request upon the surrendering, which paper I had the honour once to show your Grace and which they were designeing to annext it to their Petition, but by some addittions afterwards made to itt, they haveing a veiue of more advantagess to themselves, and restricktions upon the Crown and people, than I thought was fitt to be offerd, and the time growing verry short for much debate they consensted to allter the Petition by leaveng out the annexings, and deliver it singly, which being done, was that Petition deliver'd by your Grace to the King before he went a broad, reserveing the perticular articles to be mentioned and debated upon, in the further progress of this affair. What papers I had scribled I left with Mr. Popple our Secretary, yt. when the Orders should be sent to the office he might be able to apprize the board if any dispute should arrise concerneing what I had done. But as Coll. Horsey hath what I drew out fairly wrote and allso the severall new proposalls of the Proprietors, I will by this post write to him, and direct him to attend your Grace therewith to receive yr. orders, as allso Mr. Sheldon the Proprietors' agent and Secretary. And upon compareing and considereing of the papers you will be best able to give such orders for the instructions as his Majesty shall think proper, for I must inform your Grace that the designe of the Proprietors, is that those heads or such like as the King shall approve off, should be putt into the Governour's Instrucktions to be by him recomended to the assembly of Carolina to be passed into laws, as the termes on which his Majesty will take and continue them under his immediate Govermt. and therein there is a provision offer'd for the support of the Govermt., Therefore till a Governour is appoynted I don't see how such, or any Instructions can be directed but when that is, he will be able to assist the board of Trade by informeing them of the Proprietors intentions on the severall proposalls in order for their amendments thereof. The Proprietors those at least who came to me in the name of the others were of opinion that the laws for settleing of the Goverment should be first passed and confirmed by the Crown because their rights would then be secured to them by a law in the country, and upon which they were ready to execute a deed of surrender in form. Of a Proprietory surrender there is an instance upon our books viz. the East and West Jerseys to the late Queen. But as it begins with the coppy of the deed executed, I was at a loss to find any footsteps of the proceedings before, how it came about. My lord Carterett in his oppinion thought the people should pass a law to give the Proprietors an hereditary duty on some produce of their country in consideration of their parting with the soverighnity-ship. Butt I think there is an answer to this, that the Proprietors will save the charge of all the salarys, the forts, and other expencess in protecting the country which they were obleidged to provide out of their quit-rents, but further I think this thought might be improved, viz., if the Proprietors could be prevailed upon to yeild up their quit-rents (as is done in Maryland by the lord Baltimore) to ye country, and to receive from them an equivalent for it by hereditary dutys to be imposed there, which would be of greater advantage to ye country, be a meanes of its spedier peopleing and might so be contrived as not to be worse but of greater advantage to the Proprietors, but this is only a speculative hint I presume to trouble you with. Haveing thus ventured on your patience by this long narrative shall now endeavour to answer your Grace's commands with all difference. When your Grace thinks fitt you will order the Proprietors' petition made to the King and is now left with Mr. Popple in a private manner to be deliver'd to you and that when you have seen the severall papers on which they were or seemed to be induced to the makeing of the petition you will be better able to inform H.M. for his orders. As to the officers there is few or none yett legally established in this Colliny to the great disservice of the country and is in part a cause of the confusion so that it is all to be new appoynted except one or two which as I understood the Lords Proprietors had given or ordered patents for, but by what I could guess it would be no difficult matter to have them surrender'd as Coll. Horsey hinted to me and to which effect I acquainted you therewith. As to the numbers of the officers necessary in the Goverment I am not able to give an account of now not haveing my papers here with me. Butt when the settlement of the Goverment comes to be directed, the board of Trade must allso be directed to frame out, what officers are necessary and to enquire what there is and the nature of their pretensions which will give your Grace a full light into them. The surrender must be by a deed executed in form as the Jerseys was, drawn by Sr. Edwd. Northey etc. There being no order sent when I came out of town the Proprietors who were zealous for this yeilding of Goverment were under great apprehensions that there would be a great delay in it, and that their affairs would be hung up for a longer continuance in disorder, to their great loss, besides as it had taken some pains and industry to bring over some of their body who were at first averse to it, and who have not an entire good likeing of this Goverment, and who might by the delay or other reasons fly off again, and clogg the designe, it will be therefore matter of great joy to the well-meaning Proprietors who are desireous of surrendering, to find your Grace retain their business in your mind. Upon the whole I should think that the Governour should be named absolutely and that heads for a deed should be drawn up by the board of trade or whome else may be thought proper and the Proprietors or their agents, and then sent to the Attorney Genll, to be drawn up in form of deed of surrender and then to be executed, if the termes were such as should meet with H.M. approbation etc. I have since Wendsday last been laid up with the gout which as it is feirce hope it won't be long, etc. Signed, Westmorland. Holograph. 5 3/5 pp. [C.O. 5, 387. No. 76.]
June 19.
Whitehall.
600. Council of Trade and Plantations to the King. In obedience to H.M. commands enclose following. Annexed,
600. i. An account of the establishment and business of the Board of Trade. [C.O. 389, 37. pp. 274–279.]
June 20.601. Mr. Dummer to the Council of Trade and Plantations. In answer to Mr. Popple's letter, upon Mr. Newman's complaint against the Province of the Massachusets Bay etc. I received an Instruction from my principals to defend their rights with the utmost vigour and application; and this I suppose is what my brother calls persuing the controversy to an issue. But as Mr. Newman told me some months ago that he was not provided to go on till he had further instructions from New Hampshire by reason of a disappointment he had met with in respect to some records, I did not apprehend it was either my buis'ness, or in my power to move a step in it. And had it bin both, I should not have thôt it fair to have forc'd him to a hearing when he was unprepar'd, etc. Signed, Jer. Dummer. Endorsed, Recd. 20th, Read 21st June, 1727. 1 p. [C.O. 5, 869. ff. 444, 445v.]
June 20.
Kensington
602. H.M. Commission for Col. Richard Phillips to be Governor of Nova Scotia and the town and garrison of Annapolis Royal. Countersigned, Townshend. [C.O. 324, 36. p. 55.]
June 20.
Kensington.
603. H.M. Commission for Col. Phillips to be Governor of the town and garrison of Placentia. Countersigned, Townshend. [C.O. 324, 36. p. 56.]
June 20.
Kensington.
604. H.M. Commission for Benjamin Whichcot to be Commissary of Stores for the Garrison at Placentia. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 57.]
June 20.
Kensington.
605. H.M. Commission for Robert Hurst to be Commissary of the Musters of the Garrison at Placentia. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 58.]
June 20.
Kensington.
606. H.M. Commission for Henry Cope to be Fort Major at Placentia. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 59.]
June 20.
Kensington.
607. H.M. Commission for Jacob Rice to be Chaplain to the Garrison at Placentia. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 60.]
June 20.
Kensington.
608. H.M. Commission for William Skeen to be Surgeon to the Garrison at Placentia. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 61.]
June 20.
Whitehall.
609. Mr. Popple to Mr. Carkesse. Encloses, in reply to 8th April, Instructions for trade given to Dep. Governor Calvert. [C.O. 324, 11. p. 46.]
June 24.
St.
Christophers.
610. Lt. General Mathew to the Council of Trade and Plantations. The 14th instant Governor Hart delivered to me the seals, copys of his Instructions, Commissions etc., and then embarked for England, on H.M. lycence of absence. The Earl of Londonderry we are inform'd is appointed to succeed etc. His arrival is dayly expected. Signed, William Mathew. Endorsed, Recd. 12th, Read 19th Oct., 1727. 1 p. [C.O. 152, 16. ff. 36, 37v.]
June 24.
Whitehall.
611. Order of Council. The Council of Trade and Plantations are to take care that the letters for proclaiming H.M. be forthwith conveyed to the several Governors by the two vessels appointed for that service. Signed, Temple Stanyan. Endorsed, Recd. 24th, Read 26th June, 1727. ¾ p. [C.O. 323, 8. No. 73.]
June 24.
St.
Christophers.
612. Lt. General Mathew to the Duke of Newcastle. Col. Hart embarked from this island the 14th instant for London on H.M. leave of absence, and delivered to me copys of his Instructions, Commissions etc. and Seals. We dayly expect the arrival of the Earl of Londonderry etc. Signed, William Mathew. 1 p. [C.O. 152, 43. f. 12.]
June 24.613. Petty expences of Board of Trade from Lady day to Midsummer, 1727 (v. Journal). 7 pp. [C.O, 388, 79. Nos. 55–9.]
June 26.
Whitehall.
614. Mr. Popple to Mr. Burchett. Encloses, for dispatch by vessels appointed, letters from H.M. Privy Council to the Governors for proclaiming H.M., etc. and following. Annexed,
614. i. Circular Letter from the Council of Trade and Plantations to the Governors of Plantations. We do earnestly recommend to you, that you proceed without loss of time in the execution of above Order for proclaiming the King etc., in the most solemn manner and most proper parts of your Government.Upon this occasion we think it proper to acquaint you, that by an Act passed in the sixth year of Her late Majesty, for the security of H.M. person and Government etc., it is enacted that all publick seals in being, at the time of the demise of H.M., her heirs and successors, shall continue and be made use of as the respective seals of the Successor until such Successor shall give order to the contrary. N.B. This paragraph did not go to Nova Scotia, Newfoundland nor the Propriety Governments. And for your further information we inclose to you, H.M. Proclamation for continuing all Officers etc. [C.O. 324, 11. pp. 46–48.]
June 26.
Whitehall.
615. Mr. Popple to Lt. Governor Dummer. Acknowledges letters of 22nd Aug., 1726, and 12th April last. Continues: — Their Lordships are glad to find (22nd Aug.) that the Indians are so well dispos'd to perform their engagemts. with the Province, not doubting but care will be taken to continue them in this good disposition. As to what you mention concerning presents to be annually made to the Indians, provided this be done at the expence of the Province, their Lordps. have no objection to it, but they can by no means think H.M. should be at this charge, and are not without hopes that the method which the general Court of your Province has taken of granting a summ of mony to be employ'd in trade with the Indians, that they may be supply'd at easy rates with everything they want; will be effectual towards drawing them from their dependance upon the French etc. The Agent of the Massachusetts Bay has not acquainted my Lords with the substance of the Address from the General Assembly to H.M. in relation to the controversy between your Province and that of New Hampshire mentioned 12th April last, etc. They desire that you will transmit to them directly all publick papers relating to the affairs of your Province, for the future. [C.O. 5, 916. pp. 8, 9.]
June 26.
Whitehall.
616. Same to Josiah Willard. Acknowledges letter of 21st Nov. etc. The Excise Act mentioned to be sent therewith has not been received. Concludes: —Wherefore I am commanded to desire, you will transmit the same by the first oppertunity, and that you will be more punctual in sending whatsoever papers are said to be inclosed in any letters which you shall for the future send to this Office. [C.O. 5, 916. p. 10.]
June 26.
Whitehall.
617. Same to Lt. Governor Wentworth. Acknowledges letter of 25th Sept. As to the boundaries etc., my Lords Commissioners, having discoursed with Mr. Dummer and Mr. Newman, your Agent, find that Mr. Newman is not fully prepared to have that matter finally determined, wherefore they desire, you will send to him assoon as possible, as full Instructions as may be, that this matter may be immediatly settled. [C.O. 5, 916. p. 11.]
June 28.618. Mr. Fane to the Council of Trade and Plantations. Has no objection to 11 acts of New York, 1726, submitted 23rd Feb. last. Signed, Fran. Fane. Endorsed, Recd. 1st July, 1727, Read 18th Nov., 1729. 2 ½ pp. [C.O. 5, 1055. ff. 38–39v.]
June 28.619. Same to Same. Has no objection to 16 acts of New York, 1726, submitted 8th Dec. 1726. Signed and endorsed as preceding. 3 pp. [C.O. 5, 1055. ff. 40–41v.]
June 29.
New York.
620. Governor Burnet to the Council of Trade and Plantations. Acknowledges letter of 2nd March. Will take care that Acts are abstracted in the margins. Encloses accounts of fines and forfeitures etc. "This Province is much obliged to your Lordships for representing the French building a fort at Niagara" etc. Repeats part of gist of No. 623. Hopes that the Acts of New York will meet with their approbation, "which will be the greatest means of keeping the Assembly in good humour" etc. Set out, N.Y. Col. Docs. V. pp. 821, 822. Signed, W. Burnet. Endorsed, Recd. 26th Aug., Read 20th Sept., 1727. 2⅓ pp. Enclosed,
620. i. Account of fines and forfeitures, New York, 8th Aug. 1722—Lady day, 1727. Total receipts in N.Y. currency, £15, less charges £2 11 s. 3d. Signed, Archd. Kennedy, Col., Rot. Ellison, Commr. Endorsed, Recd. 26th Aug., 1727. 1 double p. [C.O. 5, 1054. ff. 173–176v.]
June 29.
Virginia.
621. President Carter to [the Duke of Newcastle]. Encloses Journals of Council during his administration except of a late Council, the minutes of which have not yet been read and approved etc. Continues:—Tho' I have hitherto received no publick intimation of the war, with the Emperor and Spain, I have nevertheless thought it expedient to use all necessary precautions for the safety of our trade, wch. is of so great consequence to H.M. with respect to his Customs, and of great value both with regard to the British shipping employed in it, and the adventures of the merchants and planters: to this purpose orders were given for the ships to sail hence in fleets for their mutual defence in case they are attackd in their passage; and for their security agt. the enemys privateers wch. are expected on this coast, they are to be convoyed a convenient distance from hence by the man of war on this station, and I hope the superiority of H.M. fleets will secure from any danger on the British coast. I have the satisfaction to informe your Grace that by the large export of tobacco this year and the prospect of the crop now on the ground, H.M. will receive a great increase of his Customs, and I have also the pleasure to acquaint your Grace that this Colony is in perfect tranquillity, etc. Signed, Robert Carter. Endorsed, Rd. Aug. 21st. 2 pp. [C.O. 5, 1337. No. 36.]
June 29.
Virginia.
622. Same to the Council of Trade and Plantations. Refers to encl. ii. "There have been upwards of 1,200 negroes imported since and more daily expected, but none from the African Company" Repeats gist of preceding. Continues: — Since my last (whereof a duplicate is inclosed) the owners of the John and Betty have made the proof required etc. (v. 13th May), and orders are given for restoring the money etc. Concludes: —As 'tis probable a Governor is now on his way hither, who being a Military man may be better acquainted wth. those matters than I am, I shal forbear troubling your Lordps. with such things as occurr to me as highly necessary to the defence of the country and security of trade etc. Signed, Robert Carter. Endorsed, Recd. 21st Aug., Read 28th Sept., 1727. 2 pp. Enclosed,
622. i. Minutes of Council of Virginia, 14th June, 1727, as to convoys for merchant fleet etc. Copy. 1 ½ pp.
622. ii. Account of negroes imported into Virginia, March 25, 1718—1727. (i) York River, by African Company, 427, by separate traders, 8145; James River, by separate traders, 293; Rappahannock River, by separate traders, 2186. 5 ¼ pp. [C.O. 5, 1320. ff. 162, 162v., 163v.–164v., 165v.–167, 168, 169, 171.]
June 30.
New York.
623. Governor Burnet to the Duke of Newcastle. Has but lately received letter of 24th in favour of Mr. Wood and his patent for his copper coin for the Plantations, and will do him all the service he can etc. Has just received on account that the detachment sent up to protect the fort in the Indians' country is arrived, and that the house is half finished, and that they have met hitherto with no opposition from any Fench or Indians. Continues: –I hope the French will be ordered to demolish theirs at Niagara, but while that stands it would seem an abandoning our Indians to them, not to have one likewise among them. Encloses following. Signed, W. Burnet. Endorsed, R. Aug. 27. 1 ½ pp. Enclosed,
623. i. Duplicate of No. 620.
623. ii. Duplicate of No. 625. [C.O. 5,1092. Nos. 55, 55 i, ii; and (covering letter only, endorsed, Rd. Dec 19th) 5, 1085. No. 62.]
June 30.
New York.
624. Governor Burnet to Mr. Popple. Refers to following. "I find the Members of New Jersey so uneasy at the thoughts of meeting at their own costs, that I am very unwilling to meet them in such an ill humour. I have had experience formerly of the effects of such a disposition, and for that reason am the more unwilling to be plagued with it again." Encloses Naval Officer's accounts for New York and New Jersey. P.S. "I shall lay out this fall to get the seeds and cones of pines desired by my Lord Westmoreland" etc. Set out, N.Y. Col. Docs. V, p. 822. Signed, W. Burnet. Endorsed, Recd. 26th Aug., Read 13th Sept., 1727. 1⅓ pp. [C.O. 5, 1054. ff. 165, 166v.; and (duplicate, endorsed, Recd. 3rd July, Read 20th Sept., 1727) 5, 972. ff. 142, 143v.]
June 30.
New York.
625. Same to the Council of Trade and Plantations. By the Alexander, D. Downing, master. Acknowledges letter of 2nd March on New Jersey affairs. Does not think that he will be able to induce the Assembly to sink the interest money. Asks for leave to endeavour to bring them to apply half of it to the current service. The Board's orders to stop applying the interest money as before was not the cause of raising the value of the money, because it was not at all known till it was communicated by him to a few, and then no alteration in the value of the money happened. £14,000 are already sunk, which shows how fast the bills decrease without the help of interest etc. Set out, N. J. Archives, 1st Ser. V, 165. Signed, W Burnet. Endorsed, Recd. 26th Aug., Read 13th Sept., 1727. 3 pp. [C.O. 5, 972. ff. 134–135v.]
June 30.626. Mr. Fane to the Council of Trade and Plantations. Reply to Nov. 2, 1726. Report upon the Act of St. Kitts for establishing a Court of King's Bench and Common Pleas etc. Exclusive of what regards Mr. Smith, this Act is a most wise and prudent law etc. Signed, Fran. Fane. Endorsed, Recd. 1st, Read 4th July, 1727. 3 pp. [C.O. 152, 15. ff. 353–354v.]

Footnotes

1 The words in Italics are underlined in the MS.